Monroe v. Shiels

Citations

• 120 Cal. 347
• 52 P. 808
• 1898 Cal. LEXIS 767

Syllabus

<p>Estates oe Deceased Persons—Eight of Administration—Request by Surviving Wife—Revocation of Request.—The widow of a deceased person, after having requested the appointment of her nominee as administrator of his estate, in lieu of the brother of the deceased, to whom letters of administration had previously been granted, is not estopped from revoking her request and consenting to the continuance in office of the then administrator, at any time before the court has acted upon it.</p> <p>Id.—Grant to Brother—Priority of Widow.—Under section 1386 of the Code of Civil Procedure, after letters of administration have been granted, upon the original application therefor, to a brother of the deceased, the surviving wife, although she has a prior right to have such letters revoked and to obtain letters of administration for herself, cannot confer such right of priority upon a nominee.</p>